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The Presiding Officer (Mr. Blackburn in the chair) overruled the question of order, and stated that the bill having been regularly reached on the calendar, and objection having been made, it went over, but was not taken from before the Senate; and it was perfectly competent and in order to move to make the bill a special order for any given time when so reached on the calendar. (See Cong. Record, pp. 535–537.)

18. SUPERSEDE UNFINISHED BUSINESS WHEN THE LATTER HAS BEEN DISPLACED BY A MOTION.

56th Cong., 2d sess.; J., p. 205.]

FEBRUARY 23, 1901.

The Presiding Officer (Mr. Chandler in the chair) announced that the hour of 1 o'clock had arrived, and laid before the Senate its unfinished business, viz, the bill (H. R. 3717) “to make oleomargarine and other imitation dairy products subject to the laws of the State or Territory into which they are transported, and to change the tax on oleomargarine;"

When,

Mr. Morgan raised a question of order, viz, that the bill having been displaced by a motion to consider other matter on the previous day prior to adjournment, therefore possessed no priority as unfinished business, and requested that the bill standing first on the order of special orders, viz, the bill (H. R. 2538), “to provide for the construction of a canal connecting the waters of the Atlantic and Pacific Oceans," be now laid before the Senate.

The President pro tempore (Mr. Frye) having resumed the chair, sustained the question of order and laid the special order before the Senate as its unfinished business. (See Cong. Record, p. 2879–2887.)

SPECIAL SESSIONS OF THE SENATE.

DURING, OTHER THAN PURELY EXECUTIVE BUSINESS MAY BE

TRANSACTED.

31st Cong., 2d sess.; special sess.; J., p. 285.] Mr. Seward submitted the following:

MARCH 5, 1851.

Resolved, That the Senate is not restricted at this session to the consideration of matters purely executive, and that such consideration may be extended to all matters proper to be transacted by the Senate without the cooperation of the House of Repre sentatives; but no action was taken thereon.

Special or called sess.; J., p. 612.]

MARCH 13, 1873.

By a vote of the Senate, yeas 20, nays 31, it was decided not in order to present petitions or memorials praying for special legislation at a session of the Senate specially called by the President, in the recess of Congress, and which the Senate could not, without the cooperation of the House of Representatives, mature. (See Cong. Record, pp. 63-66.)

Special sess. of Senate; J., p. 617.]
The resolution by Mr. West:

MARCH 19,1873.

Resolved, That the Select Committee on the Levees of the Mississippi River be authorized to sit during the recess of the Senate, etc., was ruled out of order by the Vice President (Mr. Wilson). An appeal was not acted on. (See Cong. Record, pp. 117, 118.)

42d Cong., 3d sess.; J., pp. 612, 614, 617.]

MARCH 13, 14, 19, 1873.

Legislative business not in order at a special or called session. (See Cong. Record, pp. 63-66, 77-80, 113-117, special session.)

43d Cong., 2d sess.; J., 462.]

MARCH 11, 1875.

A point of order was raised on a resolution creating a commission to visit the Indian Territory, etc., that legislative business can not be transacted at a special session of the Senate; after debate, the whole subject was laid on the table; yeas 39, nays 23. (Record is in 44th Cong.; see Cong. Record, p. 31.)

Mr. Sherman arose to present a petition of Thomas Worthington praying a pens on. Mr. Conkling having made an inquiry whether or not the petition could be received at a session of the Senate not called for legislative business, the Vice President (Mr. Wheeler) submitted the question to the Senate, "Shall the petition be received?" and, on motion by Mr. Thurman,

Ordered, That the question of receiving the said petition lie on the table. (Mar. 6, 1877; 44th Cong., 2d sess., special sess.; J., p. 442; Cong. Record, p. 5; see also Mar. 13, 1877; J., p. 450; Cong. Record, idem, p. 40; Record of 45th Cong.).

An order to withdraw papers was objected to as legislative business, and sustained by the Vice President (Mr. Wheeler). (Same day; idem, p. 40.) Special sess. of Senate; J., pp. 622, 625–626.]

MARCH 25, 26, 1873.

On March 25, 1873, Mr. Alcorn submitted a similar resolution to the one presented by Mr. West on March 19, 1873. On the next day it was laid before the Senate.

Mr. Ferry of Connecticut objected to the consideration of the resolution on the ground that the present session of the Senate being a session specially called by the President, the Senate could not consider the resolution of Mr. Alcorn, which was in the nature of legislative business.

The President pro tempore submitted the question to the decision of the Senate, viz: Will the Senate overrule the point of order raised by Mr. Ferry of Connecticut, and entertain the resolution of Mr. Alcorn? yeas 25, nays 18. So the resolution was in order and agreed to. (See Cong. Record, pp. 175, 176, 200-204.)

Two joint resolutions to amend the Constitution of the United States were presented at the special session of the Senate March 6, 9, 1893. At the first session of the Fiftythird Congress, September 2, 1893, these two joint resolutions, one and two, were referred to committees. No further action. Joint resolutions one and two were introduced during this session, treated as a nullity joint resolutions one and two introduced at the special session March 9, 1893. (Mar. 6, 9, 1893, special session of the Senate, Aug. 8, 1893, 53d Cong., 1st sess., J., p. 10; 52d Cong., 2d sess., J., pp. 171, 172; Sept. 2, 1893, 53d Cong., 1st sess., J., p. 36.)

Mr. Frye, at the special session of the Senate on March 15, 1905, introduced Senate bill No. 1, "To incorporate the American National Institute (Prix de Paris) at Paris, France," which was referred to the Committee on Foreign Relations. (Journal special session, 58th Cong., 3d sess., p. 338.) On January 8, 1906 (J., p. 77, 59th Cong., 1st sess.), the bill was reported and passed. (Jan. 10, 1906; J., p. 87.)

[The question of considering matters of business outside of purely executive business at special sessions of the Senate has been decided both ways, but the current of decisions seems to be against the reception of legislative business.]

STRIKE OUT AND INSERT.

1. A motion to, not in order where the same words were included in the rejected motion.

2. An amendment, in lieu of the amendment proposed to be stricken out, is in order.

3. A motion to, not divisible.

1. A MOTION TO, NOT IN ORDER WHERE THE SAME WORDS WERE INCLUDED IN THE REJECTED MOTION TO.

62d Cong., 1st sess.]

AUGUST 3, 1911.

The Senate was having the apportionment bill under consideration, when The VICE PRESIDENT (Mr. Sherman). The Senator from North Dakota, on behalf of his colleague (Mr. McCumber), offers an amendment to the apportionment bill, which the Secretary will report.

The SECRETARY. It is proposed to strike out all of section 1 after the enacting clause and insert in lieu thereof the following:

That after the third day of March

The VICE PRESIDENT (Mr. Sherman). One moment. The Chair thinks that is not in order at the present time. There has been one motion to strike out and insert. Mr. GRONNA. This amendment was offered in the Senate by my colleague on the 18th day of July. It was ordered to be printed and to lie on the table.

The VICE PRESIDENT (Mr. Sherman). The Chair understands this is a different proposition. The Secretary will report the amendment.

The SECRETARY. It is proposed to strike out all of section 1 after the enacting clause and insert in lieu thereof the following:

That after the third day of March, nineteen hundred and thirteen, the House of Representatives shall be composed of four hundred and five Members, to be apportioned among the several States as follows:

Alabama, nine; Arkansas, seven; California, ten; Colorado, four; Connecticut, five; Delaware one; Florida, three; Georgia, eleven; Idaho, one; Illinois, twenty-five; Indiana, twelve; Iowa, ten; Kansas, seven; Kentucky, ten; Louisiana, seven; Maine, three; Maryland, six; Massachusetts, fifteen; Michigan, twelve; Minnesota, nine; Mississippi, eight; Missouri, fifteen; Montana, two; Nebraska, five; Nevada, one; New Hamp shire, two; New Jersey, eleven; New York, forty; North Carolina, ten; North Dakota, three; Ohio, twenty-one; Oklahoma, seven; Oregon, three; Pennsylvania, thirty-four; Rhode Island, two; South Carolina, seven; South Dakota, three; Tennessee, ten; Texas, seventeen; Utah, two; Vermont, two; Virginia, nine; Washington, five; West Virginia, five; Wisconsin, ten; Wyoming, one.

The VICE PRESIDENT (Mr. Sherman). The question is on agreeing to the amendment offered by the Senator from North Dakota in behalf of his colleague.

Mr. HEYBURN. I desire to suggest a point of order. We have already voted upon a motion to strike out and insert these items with the exception probably of half a dozen. I do not understand, under the rules, that those States that were included in the former motion to strike out and insert can be again

The VICE PRESIDENT (Mr. Sherman). That was the Chair's notion at the first reading, and it is the Chair's notion now that it can not be offered at this stage of the proceeding. The Chair sustains the point of order raised by the Senator from Idaho. (See Cong. Record, p. 3557.)

2. AN AMENDMENT, IN LIEU OF A PORTION PROPOSED TO BE STRICKEN OUT, IS IN ORDER.

62d Cong., 2d sess.]

APRIL 19, 1912.

The bill to regulate the immigration of aliens to and residence of aliens in the United States being under consideration,

Mr. SIMMONS. I send forward to the Secretary's desk a substitute for the whole provision which it is proposed to strike out.

The PRESIDING OFFICER (Mr. Curtis). The amendment to the amendment will be stated.

The SECRETARY. In lieu of the portion proposed to be stricken out it is proposed to insert the following:

That after four months from the approval of this act in addition to the aliens who are by law now excluded from admission into the United States the following persons shall also be excluded from admission thereto, to wit:

All aliens over sixteen years of age and physically capable of reading and writing who can not read and write the English language or some other language: Provided, That any admissible alien or any alien heretofore or hereafter legally admitted to this country may bring in or send for his wife, his children under eighteen years of age, and his parents or grandparents over fifty years of age, if they are otherwise admissible, whether they are so able to read and write or not, etc.

Mr. CLARK of Wyoming. I rise to a question of order.

The PRESIDING OFFICER (Mr. Curtis). The Senator from Wyoming will state his question of order.

Mr. CLARK of Wyoming. I want to ask if this amendment is now in order? I understood that in the consideration of this bill the committee amendments were to be disposed of first. The committee amendment now under consideration is an amendment to strike out. The amendment of the Senator from North Carolina would be a proper amendment to the bill provided the committee amendment should fail, but I can not see how it is in order at this time, when the order of business is the consideration of committee amendments.

The PRESIDING OFFICER (Mr. Curtis). The Chair is ready to rule. The Chair holds that the substitute is in order under Rule XVIII, relating to amendments-division of a question. (See Cong. Record, pp. 5017, 5021, 5022.)

3. A MOTION TO, NOT DIVISIBLE.

62d Cong., 3d sess.; J., p. 134.]

(Calendar day) JANUARY 30, 1913.

THE PRESIDENTIAL TERM.

(Legislative day) FEBRUARY 1, 1913.

The Senate resumed, as in Committee of the Whole, the consideration of the joint resolution (S. J. Res. 78) proposing an amendment to the Constitution of the United States.

The question being on the amendment reported from the Committee on the Judi

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